Legal Question in Real Estate Law in California

Overhanging limbs and invasive roots, and to some extent shedding of leaves, are trespasses. The law of "tree trespass" has developed a little differently that other aspects of the tort of trespass to land, in that courts allow a modest amount of self-help, without the necessity of lawsuit and judgment. The offended neighbor is permitted to trim the limbs or roots at the property line without a court order.

There are two caveats to this right of self-help. First, the trimming must be done, according to one oft-quoted decision, in a "non-negligent manner." Generally this is taken to mean it muct be done in a way that doesn't kill the tree or make it a hazard to topple over in a windstorm. The other is that the neighbor bears the cost himself.

If a neighbor wants to (or needs to) addess the problem more vigorously, his remedy is to go to Superior Court with a lawsuit, generally one claiming both trespass and private nuisance as causes of action. The court can then write up an appropriate judgment, which can include money damages, an order to abate, an injunction against future trespasses or nuisances, etc.

Most neighbors go to court in root cases, and only after some damage to a wall, foundation, sewer line or driveway becomes apparent. Suits between neighbors are especially discouraged by attorneys and judges because there is no remedy for the ill will created, except perhaps for someone to move.